Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1887-01-06

Senator Vrooman expressed surprise at the
position taken by some Senators to decide a
question of this kind without giving an oppor-
tunity to bring to their assistance authorities
and precedents that needed, for guidance
upon such occasions as this. They discuss this
proposition as though 1t TUNED upon the rela-
tive smartness as you might term it, or ability
of the President of the Senate upon one hand,
and Senators upon the other 10 determine the
qualifications of its pages and porters. That is
not the question, but the question is as to
whether the majority of this Senate is going
at the very outset of the session, to violate the
clear and express language of this statute.
Section 245 should not be taken with 247, as
there is nothing in the latter section to afford
such construction. If the Legislature framing
the law intended it to be so TAKEN the words
should have been there stating it, aud when
the Senators desires to have this Senate so
rule, it is an Interpolation of something
into that section which is not there. 1t is per-
haps waste of time, he said, TO read authOri-
| ties upon the question judging by the vote just
President at least has ruled according to the
law Involved, he read from an Ohio Supreme
| Court decision sustaining the decision of the
Chair. 1t is not question of how many pages
and pcrters shall be employed, he continued,
but whether the law is to be disregarded.
Senator White denied there was desire to
override the Constitution, and asked, Where
does the power come from to elect otficers?'
and answered. Not from the Statutes" The
Constitution defines the powers to some extent,
of the Lieutenant-Governor. He could not tell
/ HOW ldT luC QutStlOu WtuJ, us 10 Dub
partisanship could not help arising. He held
that the power to appoint the pages was dele
gated to the Senate by the Constitution.
Senator Yrooman here read another author
iy, to the effect that where Constitution is re-
vised or amended, the new provision coming
into operation, and in the language of the old,
or about the same words, il should be reason
ably presumed that the purpose was not to
change the law, but it should continue uninter-
ruptedly.
Senator Langford said he had something to
do with this proposition to have the pages and
porters appointed by the Senate, and was en-
deayoring to follow the precedent established
without doing injustice to anybody. He read
from page SO of the journal of lS73-being in
reference to the appointment Of gatekeeper-to
show precedent for present action.
Senator White-Is that the precedent Sena-
tor Nrooman referred to
Senator Vrooman-No, sir that applied to
Senator Langford and the majority of that SEN
ate.
Senator Clunie claimed that Senator Vrooman
was having a little fun at the expense of the
majority; was trying to confuse the majority
and to impede legislation. He claimed that he
had never heard such a question raised before,
and did not want to waste time in its cOnsidera-
ton, as he had already sweat drops of blood,
almost, in the caucus, by being bottonholed by
candidates, and thought the public business
should not be delayed by proposition which is
no nearer to the Senate than Iceland.
Senator Vrooman said he would not reply to
Senator Clunie, but simply refer to his record
that. As to Senator Langford, he said that
whenever he started in he always made mis-
take. He stated that when he got through to-
day he would take the Senator to his room and
lecture HIM on parliamentary law, as he had
very often in the past but to no good.
Senator LangfoId here read from the journal
of the twenty sixth session in support of his
position.
The President-The question is, Shall the de-
cision of the Chair stand as the decision of
the house? will state that the sympathy of
the Chair is already altogether with the pages
it is proposed to appoint. 1t is a proper thing
for the Senate at any time to reverse the de-
cision of the Chair, and the Senates decision
will be conclusive. 1t is the opinion of the
Chair that the Senate may prepare itself for
exigences and extraordinary occasions, and in
crease its force of employees but in this instance
it appears to me that the law is explicit and
plain in regard to pages and porters; that that
belongs to the President of the Senate to APP
point.
The vote was then taken upon sustaining the
decision of the Chair. and stood as follows
Aves-Boggs, Briceland, Caminetti Clunie
Dixon, Gesford, Goucher, Jones, Langford, Len,
ahan, Mccarthy, McCndden, Mcdonald. Meany,
Mofitt, Pinder, Rose, Roth, Spellacy, sullivan,
White, Yell-22
Ayes-Abbott Bowers, Byrnes. Chandler.
Conklin Dray, Hall, Haynes, Hinshaw Patter-
sou, Sargent, Steele, Vrooman, Walrath, Wilson
IL.
The appeal from the decision of the Chair was
therefore sustained and the Chair overrued
upon squarely partisan purposes, in the face
and defiance of the Statute and Constitution
Senator Vrooman changed his vote from aye
to no, and gave notice that upon tomorrow he
would move to reconsider the vote
MORE RESOLUTIONS.
Caminetti offered resolution that Senators
Jones, Yell and Wilson be appointed commit
tee to act in conjunction with similar commit
tee from the Assembly, in the Inauguration of
Governor Bartlett. Adopted.
By McCarthy-That J. A. Galland and Miss j.
A. Wolfskill be appointed Assistant Journal
Clerks with the same per diem as the Journal
Clerks Adopted.
By Murphy-That Howard Cahill be appointed
Mail Carrier. Adopted.
By Jones-That the Secretary of State be in
structed to provide for the use of the Senate
fifty copies of the pocket edition of the State
Codes of 1886. Adopted.
By Moffitt-That the Secretary Minute Clerk
and Sergeant-at-Arms of the Senate during tenn
porary organization be allowed one weeks pay,
payable out of the contingent fund OF the Sen
ate. Adopted.
The attaches of the Senate were then called
TO the desk of the Senate, and sworn in.
Upon motion of Senator Langford the Senate
adjourned until II o'clock to-day.